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tv   Local 12 11 Saturday  CBS  March 19, 2016 11:00pm-11:35pm EDT

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>> tonight's "48 hours" will
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>> reporter: faced with with a contradictory evidence in the second gonzales murder trial, the jury again struggles to figure out what it all means. >> i couldn't come to a conclusion as to whether she was on the floor or not. >> reporter: after just one day, worried prosecutors make a major concession. withdrawing the murder charge. giving the jury the option of voting for manslaughter. >> we were hoping that they were stuck between murder and manslaughter and if we took murder off the table, it would signal to those dug in for murder that we would just want the conviction at this point. >> reporter: it doesn't work. the jurors stay stuck and that afternoon announce they, too, are deadlocked, again at ten to two, but this time ten to convict. >> i thought he was guilty. >> reporter: only two to acquit. >> i just didn't feel they could prove that she didn't attack him.
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triumphant art gonzales heads home carrying his youngest son on his shoulders, perhaps underestimating prosecutor eric olson's determination. >> we felt the truth was coming out and in a third trial we could get a verdict. >> reporter: there will be a third trial. no chance of another hung jury because, this time, there is no jury. both sides agree to a bench trial with some camera access and with judge sara deniky who has already heard this case twice, deciding art's fate. >> so now we have a situation where the judge is literal through judge and jury. >> correct. >> reporter: meanwhile, art gonzales is free on bond and living with his sons in the very house with he shot his estranged wife. even with this reduced charge of manslaughter, he could still face ten years behind bars and that says friend dug meryl, is a
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and his sons how do you think he's holding up? how is he feeling? >> it's amazing to me that he's even holding up at all. >> reporter: at his third trial derricks fence attorney mark gardner uses art's f.b.i. training to defend what happens. his witnesses say the reflex to react engrained in f.b.i. agents is what keeps them alive. >> what about the fact that art fired four shots? >> four shots with a handgun against an advancing attacker is very often insufficient to stop that attack. >> you want some coffee, marietta? >> reporter: julie's parents who have traveled across the country from new mexico three times for these trials aren't buying it. >> he's not taking accountability for what he does. >> he wants you to believe julie
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>> it was very difficult to look at art when i got on the stand. >> reporter: f.b.i. agent janet johnson who worked with art in new mexico says art confided something to her before he moved to virginia. >> if i disvors her in new mexico, she gets 50% of everything i have. he said, that's not going to happen. i'm going to lure her to virginia and the laws are much more favorable to the man in virginia. >> reporter: art's attorney, mark gardner, says the physical evidence of what happened that day is the only evidence that counts, evidence like the gunshot residue. >> there was gunshot residue both on art's hands and on julie's hands. there was gunshot res due -- residue on the knife. all consistent with his claim that she attacked him, was in chloe proximity to him when the weapon was fired.
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physical evidence is the key and hope the judge will grasp it jurisdid. they bring back their star witness. >> marcella s. fierro. >> reporter: the refound forensic pathologist who says julie was flat on the flor when fired. what makes her so sure? >> this bullet then exited the back partially. it exited and popped back in because it has a short exit. >> reporter: this is the bullet dr. fierro is referring to. >> it means that the back was against something firm or hard. >> reporter: and that's something, prosecutors say, was the kitchen floor. but as in the previous two trials, the defense maintains the bra julie was wearing could have stopped that bullet. nonsense, says fierro. >> could a bra cause that?
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>> reporter: she is unshakeable under crks. >> what would change your mind? a video. >> reporter: but defense forensic pathologist donald jason is just as sure. >> i believe it happens with bras like she was wearing. >> reporter: even more surprising is this witness who typically testifies for the prosecution. dr. jennifer bowers is a state pathologist. >> do you believe the bra you saw on julie when she was
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caused that shoring? >> it's possible, yes, sir. >> reporter: in his closing arguments, attorney gardner underscores the dilemma of dueling experts. >> i will go to my grave questioning how any forensic pathologist can say a .40 caliber bullet shot into julie's body into her back with enough force to exit the floor and cause shoring and there's no evidence the bullet struck the floor. julie charged at him, surprised him. he looked up, put his arm up, pushed her away, tried to create distance. she got her balance and immediately came right back at him. he pulled his weapon and fired, exactly like he's been trained to do. i maintain that there is no real evidence to contradict art's claim about what happened in that kitchen. >> reporter: but prosecutor olson says nothing art gonzales says can be trusted. >> it is not a coincidence that the track of mr. gonzales' relationship with kara cast is the track of the divorce. it was made right at the beginning of may is when he fell in love with kara cast, despite all his protestations to the contrary.
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fallen in love with kara cast? he sees a divorce lawyer. in june he files for divorce. mr. gonzales lied repeatedly in this courtroom. he lied about when the romantic and sexual relationship started. he is manipulative and devious. >> two years after this once respected f.b.i. agent shot his wife to death, he is about to learn his fate. allergies with nasal congestion? find fast relief behind the counter with claritin-d. [ upbeat music ] strut past that aisle for the allergy relief that starts working in as little as 30 minutes and contains the best oral decongestant. live claritin clear,
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sure of is that julie gonzales should not be dead. >> reporter: the prosecution had flown in julie's new mexico friends to testify, and, after two hung juries and three trials, they are confident that this time justice will be served. each other, and we thought "oh my god, it's finally done." >> there is no rational or reasonable explanation for what happened in that house on august 19.
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deneke seems in no hurry to deliver her decision. >> it was excruciating. i'd be lying if i didn't say that. >> reporter: for openers, the judge clearly doesn't believe art's story about trying to resuscitate julie after he shot her. >> the defendant reported performing c.p.r. on the victim, on julie, and i find that very doubtful given the evidence that i've heard here. >> reporter: but then, she pivots and begins dismantling the prosecution's case point by point. >> we have to address the issue of cara kast. the court finds that the evidence of the relationship with this girlfriend is irrelevant to this finding. there was not one single piece of evidence that is relevant to motive or motivation. >> his girlfriend, what he considered the love of his life, he found out that she was going with someone else. that couldn't have played a part
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killed... julie. >> to her, it didn't matter. >> now, the evidence is that the bullet was somehow caught in the clothing. frankly, i find that weird. it's not significant in terms of making a determination as to whether or not this crime occurred or this killing occurred in self-defense. >> this is not relevant, that's not relevant. she went through a whole list of things that she found was irrelevant. all of the things that happened to him that made him unstable, distraught, she said that didn't matter. >> reporter: nor do the dueling expert witnesses sway the judge. >> they do not vary on the facts. they all agree that there were four shots. >> reporter: what apparently does matter to the judge is the gunshot residue on julie
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to conclude that julie indeed may have attacked art gonzales. >> the gunpowder residue is consistent with the defendant's version of the victim holding the knife as he fired the weapon. there's no other explanation as to how she could have gunpowder residue on her hands. >> reporter: accepting that art's story could be true, she announces her verdict, sounding almost reluctant. >> i have no choice but to find the defendant not guilty of the crime of manslaughter. >> when she says those final words are not guilty, my heart sinks. you're just totally devastated. >> it was disbelief, shock. it was a miscarriage of justice. >> reporter: and it is more than prosecutor kristin bird can
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you were sobbing. >> i had heard the family gasp behind me at the end of the reading of the verdict, and it was hard to know that for a split second there they thought he was going to be found guilty. >> reporter: despite the outcome, prosecutor olsen defends trying gonzales three times. >> we believed strongly that he was culpable and guilty of the death of julie gonzales. we wouldn't have prosecuted the case if we had doubt. >> reporter: a free man at last, gonzales quickly exits the courthouse, his family shielding him from view. his sister, arlene, stood by him throughout the entire ordeal. >> it's a relief, and our family is very happy. i'm sorry. >> you seem overwhelmed with emotion. >> i am very overwhelmed right now. thank you, god. >> reporter: art showed up
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his lawyer. he didn't want to join the interview, but he kept his ear to the door for the entire time. in the end, art gonzales would only talk about his reaction to the verdict. >> i'm sorry, do you mind if i... for a second, miss spencer. what i'm kind of hearing through the door and stuff. but what did the prosecutor allege i did right after the verdict was read? >> reporter: nothing. i didn't... nothing. >> oh. >> reporter: no, i asked. i said i couldn't see. i said i was sitting behind you, and i couldn't see. and i asked what your reaction was. >> i looked up, and i thanked god. without god and the people he's put in my life, there's no way i could've made it. >> reporter: you can come say that to me. >> i will, in time. >> reporter: well, how about now? >> no, because i have to take my son to soccer practice. >> reporter: art gonzales never did sit down with us. now a single parent, he's says he's stretched thin. plus, the f.b.i. fired him for what it said was his "lack of candor" during the murder
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>> his life has been in limbo since this happened. he's been without work. he's been unemployable, essentially lost all of his assets. his house is up for sale. >> reporter: but you'll find little sympathy for art gonzales in julie's hometown of socorro, new mexico. >> not in my worst nightmare did i ever think that we would be going through something like this. >> reporter: her parents can only take comfort in their faith and their memories. what will you miss most about her? >> her gentleness, her good nature, her wittiness. >> reporter: once very close to their grandsons, julie's parents say they hardly get to see them now. >> we lived for our grandchildren, and i was their teddy bear.
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we love them, and we'll always love them. >> reporter: through three trials, they believed in their hearts that the f.b.i. agent who killed their daughter would go to prison for it. now, they believe something else entirely. >> art gonzales is guilty of murder, and he got away with it. i'll believe that till the day i die. >> did the judge get it right? check with correspondent susan spencer on twitter. captioned by media access group at wgbh captioning sponsored by cbs
11:23 pm >> cbsn, the live digital news networ after a win xavier is ready for their match up with wisconsin. we have two areas of low pressure between cool dry air is
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how cool we eat get overnight. how one man is using his good arcade game skills to fight cancer. good evening and welcome. we are in the throws of march madison right now. the top college hoops type plays tomorrow. saiier faces xavier will face wisconsin. brad is live in st. louis to be tonight. >>reporter: how are you doing tonight. the muss musk muss -- muskteers will play wisconsin tomorrow. they hope their guys will go out
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>> it's a kick turn around. you have to rely on what you do best and functioning well. >> sharing the ball and playing together and playing like we know how to play. we feel like we play to the capability. we can play with anybody in the country. >>reporter: one of the big things family room thing for tomorrow is defense. we'll have more on that coming up in sports. that's the latest from st. louis. megan, we'll send it back to you. >> stay with us. in a few minutes brad will look at other teams. the bears had a heartbreaking loss and how the coach is
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a woman spilled a drink on herself and hit a bus. the bus was headed to a state semi-final game. one coach was flown to a hospital. other coaches and students were taken to the hospital. the play off game has has been post postponed. a woman is dead after falling at a nature sanctionry. she flipped and fell over a cliff. firefighters had to repel down the cliff to reach her body. they got to her and they tried to remove her body with a boat and it capsized. utah and arizona are headed to the polls on tuesday.
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campaigned out west. while protesters from arizona to manhattan protest against donald trump. they protested at trump opened building. they shutdown the main heels in fountain hills. bernie sanders was also in arizona. he went to the mexico border speaking about expanding excertifitive order. >> drugs are pouring there through the border. we'll build the wall and stop it. >> i'll end the deportation laws. >> bernie sanders tails by 500 delegatees. one of the suicide bombers
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that's what the terrorist told investigators during questions. he was questioned during a police raid raid in brussels. he said he ditched his vies after dropping off others to carryout with the attacks. experts say weather was the factor in a plane crash in southern russia. the plane noise dived and exploded into a fireball. the impact pull very raised the demolished the plan. several planes planes had issues landing in that area. the united states is warning about the zika virus this time in cuba. they are adding that island to
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the warning comes as president obama and his family head on a three day trip. cuba joins three dozen nations and territories in the americas that are currently dealing with the zika virus. here in the tristate put-on another blanket as you might know it's a chilly night. temperatures are near freezing. scott is in now with weather. >>reporter: yeah, we are changing up the air mass. warmer air will return. clouds are in the process of moving out out of the tristate right now. overnight lows will center near 30 degrees. windchills will be in the 20s for the back half of the overnight. when you tune in tomorrow morning beginning at 8:00 a.m. temperatures will be around 30. we'll eventually get into the
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notice on doppler hd some showers between indianapolis and louisville. they are moving to the south southwest. a with of drier air is moving in and temperatures are responding to the decrease in cloud cover. already down to 32 in wilmington. windchills are in the 30s for most and in the 20s for some. coming up we are cooling off but there is a warming trend coming on monday. we'll tell you when rain will impact your outdoor plans. >> scott, thank you. some of you might remember the good old days with the pocketful of quarters and slice of pizza. out in deer park a gamer broke out an impressive record today
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we'll take you to the retro ash arcade. >>reporter: it's not something you associate with fighting cancer but this arcade game is doing just that. at the controls of blinky, pinky, and clide. you might have heard of him for breaking the record. >> this will be my seventh perfect pac acman. >>reporter: his latester forts is to raise funds for two women fighting cancer. lisa and morgan. they both have beaten cancer once but are both fighting it again.
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whether i pac -- pacman which i achieve it or not. people can donate if i get to the next board. >>reporter: it's like relay for life. there are pledges for each level. there are gift baskets and silent auctions. change chanie knew his shop was the perfect venn you. >> this was a hobby for me. >>reporter: in deer park, i'm brad underwood. >> david was successful in his quest. if you are wondering the game screen looks like this when you reach the end. it crashed on the 255th level. the whole right side is messed
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for more information on how to fund cancer we have a link at local 12. preparations for an italian sunday dinner began today.we'll tell you how early the cooks got started and how many meatballs they are hand a customer tweets "bank fees make me physically ill. how do you respond? i'd send her to a hospital. "hashtag not the bank's problem." with her savings account for free. for a fee of $10. to transfer her own money? hashtag obviously. free transfers from savings when you're overdrawn. welcome to huntington -- one of money magazine's
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one woman is doing her part to battle the heroin epidemic in the tristate. she will help people hooked on drugs and will have a recovery round up. she hosted an addiction rescue. it allowed those looking for help to go to one place for resources. she wishes this would have been
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her son. hundreds hundreds of kids in our community don't have beds and forced to sleep on the floor. today 50 beds were built. more than 90 volunteers worked to build the beds. they will come with new match mattresses. they will be delivered with sheets, pillows, bears, and books. today they packed supplies needed to make 50,000 glial 50,000 gallons of water. 4500 kids die from drinking contaminated water. they are high protein food patches. these along with all of the


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